Henrieta Rushwaya at ‘daggers drawn’ with affiiate members over controversial ZMF presidency

Masvingo – THE fissures within the Zimbabwe Mining Federation (ZMF) over Henrieta Rushwaya’s presidency seem to be widening, with one member approaching the High Court in a bid to boot her out,Express Mail Zim can report.

On Monday , an affiliate member identified as Panganai Kugara, approached the High Court praying for an order to compel Rushwaya to step down from her position.

The Midlands based Kugara is a member of Kwekwe Miners Association.

He filed the matter at Masvingo High Court under Case number HCMSC89/24 where ZMF is the first respondent, Rushwaya is the second respondent, while the Minister of Mines and Mining Development is the third respondent.

In his head of argument, Kugara submitted that Rushwaya’s presidency was in complete negation of the ZMF constitution which states that any member who is convicted in the court of law is not fit and proper to hold office.

Rushwaya was convicted of attempting to smuggle 6kg of gold to Dubai and was handed down a 12 months wholly suspended sentence where she also paid USD5 000 fine.

Kugara said in terms of article 20.3.1 of the ZMF’s constitution, an Annual General Meeting of the members of the Federation must be annually held before the December 15 but it was not held in 2023.

Part of his submissions read:

“The issue of Rushwaya’s presidency post , her conviction and sentence was never discussed and no one ever had the opportunity to cast a vote on the issue. Rushwaya’s continued tenure of office post her conviction and sentence is in direct contravention of the ZMF constitution. In terms of article 12.1.2 of the constitution, a member who engages in competition with the ZMF or is involved in acts of an illegal or fraudulent nature or acts in a manner that brings the name of the ZMF into disrepute must have their membership terminated upon recommendations to the General Council by the National Executive.”

“Furthermore, in terms of article 12.1.3, a member who generally fails to abide by and observe the provisions of the constitution must have their membership terminated. In addition, in terms of article 18.3 of the constitution of the ZMF, a National Executive member convicted of a criminal offence shall also cease to be a member of the National Executive.

“It is on this basis that I have now approached the honourable court since Rushwaya, being convicted of contravening section 182 (1) (a) of the Customs and Excise Control Act [Cap 23:02] (Smuggling of gold) no loner fit and proper to hold the office of the 1st Respondent’s president and that her continued tenure is ultra vires the constitution and should be declared as such. I thus file the application on these circumstances,” Kugara further submitted.

None of the respondents was yet to file a notice of opposition.

In December 2023, the federation’s secretary general Morgan Mugawu announced that Rushwaya has been retained as president after an unanimous decision reached at a meeting held in Harare on November 24 2023.

“At a meeting held in Harare on 24 November 2023, the Midlands Province led by chairman Mr Makumba Nyenje, moved a motion to support the presidency of Madam H. Rushwaya and this was supported by Ms Christine Munyoro from Mashonaland Central.

“The Youth and Women represented by Mr Darlington Ndlovu and Mrs J. Mazivazvose and other six provinces unanimously supported the motion,” Mugawu was qouted as saying.

Insiders however said the federation has warring camps where one is anti-Rushwaya’s continued presidency after her conviction.
“In December the anti-Rushwaya camp had planned to demonstrate but failed to secure police clearance.

“They argued that its violating ZMF constitution and some argued that since taking over the reins in 2018,she has done little to nothing for the youths in mining.

“Infact, she had a physical confrontation with a group of youths at Mataga growth point (Mberengwa) last year after asking them to pay USD20 per head for what she termed technical support in their lithium mining venture but nothing materialised,” said our Midlands based source close to the goings on.

Rushwaya could not be reached for comment at the time of writing as her mobile phone could not go through for the better half of yesterday.